Articles Posted inDesk Appearance Tickets

The experienced criminal defense attorneys at Galluzzo & Arnone LLP have successfully represented dozens of individuals accused of violating Penal Law Section 265.01 (Criminal Possession of a Weapon in the Fourth Degree). In New York City, these cases are often brought as Desk Appearance Tickets, and the arrests are oftentimes made during routine examinations during traffic stops, in the subway system, or at the airport.

A person is guilty of criminal possession of a weapon in the fourth degree when:

Mr. Baldwin was arrested in November after allegedly punching someone over a parking spot in Manhattan. Mr. Baldwin generally denied punching the other person though he admitted to pushing him. Baldwin was actually given a Desk Appearance Ticket and eventually charged with Attempted Assault in the Third Degree (Penal Law 110/120.00), a Class B misdemeanor, and Harassment in the Second Degree (Penal Law 240.26), a violation. Prosecutors reviewed video surveillance footage, spoke to witnesses, and considered the complainant’s medical records before ultimately making a plea bargain offer to Mr. Baldwin. Under the terms of that deal, which Mr. Baldwin accepted in January 2019, Mr. Baldwin pleaded guilty to Harassment in the Second Degree and will undergo a short anger management program.

By pleading guilty, Mr. Baldwin was convicted of Harassment in the Second Degree. However, this conviction is not a “crime” under New York state law, it is a violation and/or criminal offense. As such, in response to the question, “Have you ever been convicted of a crime,” Mr. Baldwin could answer “no”. Also, upon completing this short anger management course (typically completed within one day), Mr. Baldwin’s records will be sealed to the public after one year. The most important benefit to this deal, of course, is that Mr. Baldwin avoids the possibility of being convicted of the misdemeanor charge and receiving a possible (though unlikely in this case) sentence of jail.

The Criminal Procedure Law defines the DAT as “a written notice issued and subscribed by a police officer or other public servant authorized by state law…directing a designated person to appear in a designated local criminal court at a designated future time in connection with his alleged commission of a designated offense.” In other words, if you’ve received a DAT, you’re being directed to appear in Criminal Court where you should expect to be formally prosecuted as a defendant. People are often mislead by DATs because they think they were stopped by the police and then “let go.” The reality is that very serious misdemeanors such as Assault and Criminal Possession of a Weapon are often charged following the issuance of a DAT. While it might be tempting to think that the charge “can’t be that serious” since you were “only given a ticket,” nothing could be farther from the truth. To be sure, your failure to appear on a scheduled Court date will result in the issuance of a warrant for your arrest. So it is absolutely imperative that you appear on your Court date.

Perhaps someday, the New York Assembly will legalize sex work (several political candidates have recently promised to take steps toward legalization). For now, however, it is still a Class B misdemeanor in New York to “engage or agree or offer to engage in sexual conduct with another person in return for a fee.” Penal Law § 230.00. Similarly, it is illegal to patronize a prostitute, meaning that it is a misdemeanor to “pay a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her, or to pay or agree to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person shall engage in sexual conduct with him or her.” Penal Law §§ 230.02 and 230.04. Of course, it is also illegal to promote prostitution (i.e. be a pimp or madam), which means to “knowingly cause or aid a person to commit or engage in prostitution, procure or solicit patrons for prostitution, provide persons or premises for prostitution purposes, or operate or assist in the operation of a house of prostitution or a prostitution enterprise, or engage in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.” Penal Law §§ 230.15 and 230.20.

Law enforcement has long sought, with mixed results, to combat prostitution offenses in New York City. Back when prostitutes used to walk the streets of notorious neighborhoods in Manhattan, police would arrest prostitutes for just “loitering for the purpose of prostitution” (basically, walking on the sidewalk dressed like a prostitute talking to potential customers about tricks). Police would also go undercover and pose as johns to get prostitutes to make illegal offers of sexual conduct for fees. Police officers continue to pose as prostitutes to entice johns to make illegal offers, though nowadays they are more likely to find a target inside of a nice establishment in the city instead of on the sidewalk. Indeed, undercover police officers dressed as attractive prostitutes often target middle aged men alone at hotel bars and proposition them to see if they will “take the bait,” so to speak. These sting victims oftentimes have legitimate entrapment defenses, but not after already having been humiliated and having had their livelihoods placed in danger as a result of the arrests.

With the advent of the internet, much of the prostitution business moved online to websites like Craigslist and Backpage. Prostitutes and escorts would post ads on these sites and johns would simply call them to make appointments. The postings were so numerous that despite some law enforcement efforts to make undercover arrests of these prostitutes – and perhaps more effectively, arrests of johns via false prostitution ads – the sheer volume of ads on these sites made it impossible to realistically stop the trade via undercover operations. Ultimately, the “escort” sections of these sites were shut down by law enforcement threats to hold the managers of these sites criminally and civilly liable.

A majority of our clients are booked, processed and “put through the system,” meaning they are brought to central booking shortly after arrest and then brought out before a Judge for an arraignment on the charges. Usually, this arraignment occurs within roughly 24 hours of the arrest. Other clients are issued Desk Appearance Tickets (“D.A.T.’s”) or summonses which command them to return to Court on a future date.

In Manhattan, specifically, most arrestees are brought downtown to the 100 Centre Street Courthouse to face charges. However a smaller number of defendants are directed to appear in Manhattan’s Midtown Community Court which is located at 314 West 54th Street in Manhattan. In this blog, we cover some of the Midtown Community Court basics to shed light on what should be expected for those who find themselves in the unfortunate predicament of having to fight a charge or charges there.

Midtown Community Court was launched in 1993 with the primary objective of dealing with quality-of-life offenses, so most of the cases involve misdemeanors and/or violations. Examples of some of the common charges you are likely to face in Midtown Community Court include:

Earlier this month, Manhattan District Attorney Cyrus Vance, Jr., announced three new policies to further streamline the criminal justice system and reduce the backlog of cases in New York County’s Criminal Courts. As of February 1, 2018, the Manhattan DA’s Office began declining to prosecute, with certain exceptions, all New York City subway farebeat (“turnstile jump”) and unlicensed general vendor cases. That same date, the Manhattan DA’s office instituted a sweeping desk appearance ticket policy in which first-arrestees who are issued tickets for low-level, non-violent misdemeanor charges are given the option of attending a two to four-hour “pre-arraignment diversion program” in lieu of being formally prosecuted in a court of law. Upon proof of program completion, the Manhattan DA’s Office promises to then decline to prosecute entirely – meaning, no formal charges will be brought. Only those who opt out of the program (or otherwise fail to complete it) will be directed to appear in court to face prosecution. Simply put – first arrestees for low-level offenses will now have the option of going to class instead of court.

While this new policy would appear to be a noble effort on the part of the Manhattan District Attorney to benefit all, this new first-arrest policy will have an unintended but disastrous effect on arrestees who (a) work for FDIC-insured banks or intend to do so in the future, and (b) are charged with petit larceny (or any theft-related offense). Whereas our lawyers normally strive to secure adjournments in contemplation of dismissal (“ACD”) for first-arrestee clients charged with low-level theft-related offenses, these delayed dismissals can have a disastrous effect on current or prospective employees of FDIC-insured institutions.

As we have explained carefully in a previous blog, Section 19 of the Federal Deposit Insurance Act prohibits, without the prior written consent of the Federal Deposit Insurance Corporation, a person convicted of a criminal offense involving dishonesty, breach of trust, money laundering,

An F1 visa is a non-immigrant visa granted to people abroad who wish to enter the United States in order to attend academic institutions, training programs, or conservatories. As is the case with any non-citizen, an arrest and conviction for even the most petty offense can trigger serious consequences for an F1 visa holder, including revocation of the visa itself. While the stakes in every criminal case are high, things become even more complicated with F1 visa defendants. To be sure, a criminal attorney needs to be especially diligent when representing any non-citizen facing criminal prosecution for the simple reason that a drastic change in immigration status can potentially accompany any period of incarceration, probation, or even non-jail. As the lawyers at Galluzzo & Arnone have always urged, it is of utmost importance for non-citizens who are arrested to secure experienced counsel as early as possible in the case, and especially before any plea bargan is entrered into. Crafting pleas with an eye towards preserving citizenship/visa status is a delicate and nuanced process, which is why F1 Visa holders require experienced counsel to avoid all of the potential pitfalls.

Our lawyers have a great track record of representing F1 visa holders who are arrested in New York for charges including Petit Larceny, Assault, DWI, Theft of Service, Criminal Possession of a Controlled Substance, Marijuana possession, Weapons possession and more. One of the advantages F1 visa holders do have is that they often have minimal criminal justice contacts, if any, as well as solid resumes since they have been granted access to attend one of New York’s many fine academic institutions (many of our clients have attended Columbia or New York University, to name a couple). As former prosecutors, we are able to marshall our clients’ strengths and put together an effective and targeted strategy in each case in order to secure the best possible outcome. Our goal is always to leave our clients’ records intact, as well as ensure that they are able to preserve their visas and continue their studies here with minimal distraction. Our lawyers have also secured countless dismissals in such cases, which provides the best outlook for any non-citizen facing criminal prosecution.

If you or a loved one are studying here in the US on an F1 visa and have been arrested and charged with a crime or violation offense, do not hesitate to contact our team of experienced criminal defense lawyers at Galluzzo & Arnone as soon as possible so as to avoid any negative consequences.

O-1 visas are granted to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O-1A), as well as those with a demonstrated record of extraordinary achievement in the motion picture or television industry, and who have been recognized nationally or internationally for those achievements (O-1B). O-2 visas are granted to those who accompany O-1’s for the purpose of assisting them in a specific event or performance. USCIC requires an O-2 play an “integral” role in the assistance of an O-1A’a activity, or provide “essential” assistance to the completion of an O-1B’s production. O-3 visas are granted to spouses or children of O-1 and O-2 holders. All three types of visas are usually granted for a period of up to three years, after which they may be extended in one-year increments, without limitation.

As in the case of any non-citizen, the stakes are higher for O-1, O-2 and O-3 visa holders who are arrested because they face the risk of visa revocation on top of any sentence which is authorized for the crime they’ve been arrested for. For this reason, our lawyers are extraordinarily diligent in their representation of visa holders (as well as non-citizens in general), where a great deal of effort must be placed on crafting dispositions with an eye towards preserving our clients' immigration status. In addition to being accomplished trial litigators, our attorneys are also top-notch negotiators who have secured many dismissals and non-criminal dispositions for our clients. Specifically, the attorneys at Galluzzo & Arnone have represented countless visa-holders with an impeccable record of success. For all of these reasons, it is imperative for any non-citizen who has been arrested (even given a Desk Appearance Ticket) to contact us as early in the process as possible. Even those charged with seemingly “minor” misdemeanors need to be diligent, for example, those charged with: Theft of Services (PL 165.15), Petit Larceny (PL 155.25), Criminal Possession of a Controlled Substance in the Seventh Degree (PL 220.03), Criminal Mischief (PL 145.00), Unlawful Possession of Marijuana (PL 221.10), Assault in the Third Degree (PL 120.00), and Criminal Possession of a Weapon in the Fourth Degree (PL 265.01).

Keep in mind, U.S. visa posts routinely perform criminal background checks on visa applicants, which can lead to devastating consequences for those who don't navigate the system properly, including, but not limited to, initiation of removal proceedings. For a myriad of reasons, it is critical for any O-1, O-2 or O-3 visa holder to contact an experienced attorney who understands the delicate nuances and immigration consequences posed in each of these cases. To be sure, the lawyers at Galluzzo & Arnone have successfully represented O-1 visa holder with great success. If you or a loved are faced with a criminal prosecution, contact our attorneys without delay.

New York City owes much of its energy and excellence to the foreign citizens living and working here. Unfortunately, a visa or green card holder’s right to remain in the United States can be seriously jeopardized by a Desk Appearance Ticket, even when the charges are comparatively minor misdemeanors. Many visa holders fail to take these arrests sufficiently seriously because the charges seem minor (like marijuana or subway fare theft) or because the arresting officer tells them “it’s no big deal.” Truthfully, though, career, educational, and family plans can be completely devastated by even a minor case of walking through the subway gate without paying, so it is absolutely critical that a foreign person arrested and issued a Desk Appearance Ticket retain competent counsel immediately.

In many ways, a Desk Appearance Ticket does not feel like such a big deal. The arrested person is usually handcuffed and taken to a police station where they are fingerprinted. They typically wait a few hours in a holding cell until they are given a piece of paper telling them the date and location of their appearance in court. Before Desk Appearance Tickets became routine, criminal defendants could expect to get “sent downtown” and spend the night in jail before seeing a judge. Obviously, Desk Appearance Tickets are preferable for criminal defendants because they spend less time in custody and also have the opportunity to choose counsel for themselves prior to going to court.

Make no mistake, however: the issuance of a Desk Appearance Ticket is in fact an arrest – it is not “just a ticket”. More importantly for visa holders, this event is not going to “fly under the radar” with the immigration agencies. If you were arrested and given a Desk Appearance Ticket, your fingerprints and the arrest charges have been sent to a New York state agency (the Division of Criminal Justice Services) and to the FBI, which maintains a federal nationwide law enforcement database of all arrest events across the United States (the Interstate Identification Index). Visa and green card holders should understand that the immigration agencies, in processing visa renewal requests, access this database to investigate whether the visa applicant has an arrest record. Indeed, some visa holders actually receive emails from Department of Homeland Security (Immigration & Customs Enforcement) agents after their arrests, because the agency was notified of the arrest via the fingerprint database.Continue reading →